Welfare rights news and case law

25 August, 2020

ESA case law relating to requirement for DWP to provide tribunals with evidence of work-related activity available in area where claimant lives applies equally to universal credit

MD v Secretary of State for Work and Pensions (UC)
[2020] UKUT 215 (AAC)
CUC/2777/2019

21 August, 2020

New acting CEO of HM Courts and Tribunals Service appointed on a temporary basis

Kevin Sadler replaces Susan Acland-Hood who has been appointed as a Second Permanent Secretary at the Department for Education

21 August, 2020 Open access

Scottish Child Payment to open for applications in November 2020, with payments to start at end of February 2021

Delivery of new benefit only two months later than originally planned is a 'significant achievement' given challenges posed by COVID-19, says Communities Secretary

20 August, 2020

DWP enters legal agreement with the EHRC to improve services for people with hearing impairments

Changes include a commitment to provide a video relay service across telephony services for all benefits and services

20 August, 2020

DWP updates guidance on whether cash sickness benefits can be paid to a claimant habitually resident in another EEA Member State or Switzerland

New decision-making guidance issued in relation to the daily living component of PIP, the care component of DLA, attendance allowance and carer’s allowance

20 August, 2020

Reciprocal arrangements between Great Britain and Northern Ireland in relation to universal credit

New DWP guidance

20 August, 2020

Secretary of State issues Directions to authorise electronic claims for maternity allowance, funeral expenses payments and Sure Start maternity expenses

Social Security (Electronic Communications) (Amendment) (No.2) Directions 2020 in force from 13 August 2020

20 August, 2020 Open access

High Court in Northern Ireland grants interim relief pending full hearing delayed by COVID-19 to prisoner challenging housing benefit temporary absence rules

Taylor, Re Application for Judicial Review [2020] NIQB 46

19 August, 2020

Scottish Government should aim for ‘world-leading’ system of support for disabled people, says Scottish Campaign on Rights to Social Security

Coalition calls for further reforms to devolved disability assistance to ensure that it supports right to independent living and takes into account costs associated with equal participation

19 August, 2020

Court of Appeal in Northern Ireland rules that provisions allowing widowed parent's allowance to be suspended when claimant began to cohabit, and to be terminated when she remarried, were not unlawful

Lennon, Re Application for Judicial Review [2020] NICA 15

18 August, 2020 Open access

Access to Work scheme extended to provide extra support to disabled workers during the COVID-19 pandemic

'Fast-tracked' application process also introduced for those in the clinically extremely vulnerable group

17 August, 2020

Scottish Government confirms that delayed Job Start Payment is open for applications from today

5,000 young people expected to benefit from one-off payment of £250 designed to help with the costs of starting a new job

17 August, 2020

More than two-fifths of Scottish Experience Panel members report a wholly negative experience of the PIP health assessment

New survey also finds that nine out of ten respondents want support from another person during assessments, while almost half said home assessments would be best

17 August, 2020

Court of Appeal in Northern Ireland rules that contribution conditions for bereavement payment should be treated as met if deceased person was unable to work and pay contributions due to disability

Michael O'Donnell v Department for Communities [2020] NICA 36

14 August, 2020 Open access

Current rate of statutory sick pay creates financial disincentive to self-isolate, says Royal Society

New report highlights public health risk as workers with mild coronavirus symptoms forced to continue working

13 August, 2020 Open access

House of Lords Constitution Committee launches call for evidence on operation of courts and tribunals in response to coronavirus pandemic

Peers seek evidence on questions including effectiveness of virtual proceedings and whether they should continue when social distancing ends

13 August, 2020

More than 40 per cent of local authorities in England and Wales spent more than central government allocation of DHP funding in 2019/2020

New DWP statistics also show that only 12 per cent of local authorities spent less than 90 per cent of their allocation

12 August, 2020

Whether non-EEA claimant with permanent residence who is a former spouse of EEA national is required to meet qualifying conditions relating to family members who can retain right of residence

MS v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 235 (AAC)
CE/2356/2019

11 August, 2020

Denial of bereavement support payment to family of a deceased woman who had been unable to work and pay NI contributions due to severe disability breached ECHR

O'Donnell v Department For Communities [2020] NICA 36

Welfare rights

MD v Secretary of State for Work and Pensions (UC) [2020] UKUT 215 (AAC) CUC/2777/2019

Social Security (Electronic Communications) (Amendment) (No.2) Directions 2020 in force from 13 August 2020

MD v Secretary of State for Work and Pensions (UC)
[2020] UKUT 215 (AAC)
CUC/2777/2019